The Ontario Ministry of Labour has released a Fact Sheet that provides guidance to workers and employers on the safety-reprisal provisions of the Ontario Occupational Health and Safety Act. Those provisions permit a worker to complain to the Ontario Labour Relations Board that he or she has been disciplined, fired or otherwise mistreated because he or she sought the protection of the OHSA.

The Fact Sheet touches on recent changes to the OHSA that impact on reprisal complaints:

-Ministry of Labour inspectors are now able to file reprisal complaints on behalf of a worker with the worker’s consent (presumably workers who are worried about their job security will be more likely to advance a reprisal complaint if the MOL filed and is monitoring it)

-small employers (those with fewer than 50 workers) can now obtain free representation from the Office of the Employer Adviser in mediations and hearings at the OLRB dealing with reprisal complaints

-Non-union workers can now obtain free advice and representation from the Office of the Worker Adviser in reprisal proceedings at the OLRB

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